What a Dcision on 2G case! Authority at liberty to decide on revising prices, says CBI court! PSU banks not hit by telecom mess, says finmin!
Subramanian Swamy says he will appeal against judgement relieving Chidambaram in 2G case
Govt influenced by CIA, ISI and Mosad: Ramdev
What an Excellent exercise completed with surgical precision to cover up the TWO G spectrum!
However,Subramanian Swamy says he will appeal against judgement relieving Chidambaram in 2G case
P Chidambaram's decision not to revise the price of 2G spectrum in 2008 was not illegal as the competent authority is "always at liberty" to do so, a Delhi court today said while dismissing the plea to prosecute the Home Minister for his alleged role in the 2G spectrum scam. On the other hand,the finance ministry says it is not concerned about the exposure of state run banks totelecom companies whose licenses have been cancelled by the Supreme Court's order,Economic Times Reports. Government today hailed the verdict of Delhi court dismissing a plea to make Home Minister P Chidambaram an accused in the 2G case, saying it vindicates its stand and also of the Congress party.
Surprised by the Delhi court's rejection of his plea to make Home Minister P Chidambaram a co-assused in the 2G scam, Janata Party chiefSubramanian Swamy today said he has a "very very strong case" and will appeal against the order in higher courts. "I am surprised," Swamy said soon after the special CBI court dismissed his plea against Chidambaram. "I will go to another court. This order deserves to be reserved. I will certainly appeal against it," he told reporters. He insisted that he has a "very very strong case" both against Chidambaram and A Raja, the main accused in the 2G spectrum allocation scam, and that he will challenge the decision in High Court. He said the Supreme Court had said earlier that a trial court's decision could be challenged directly in the apex court and that he would examine this option as well.
"How can Chidambaram be vindicated by one court unless he is vindicated in all the courts," he said. "This is nothing new for me. I will go for appeal...This is not the first time that a petition has been dismissed," he said, while recalling that his appeals against High Court decisions in the cases of grant of sanctions and cancellation of 2G licences had been upheld by the Supreme Court. Swamy said he was yet to go through the trial court's Swamy said he was yet to go through the trial court's order and the reasons given by it. "I don't know what the judge has said... I have to see it," the petitioner said. Asked whether he was disappointed, he disagreed and said "this is part of the game. May be only journalists are disappointed."
Janata Party chief Subramanian Swamy's plea to make Home Minister P Chidambaram a co-accused in the 2G case was on Saturday dismissed by a special CBI court in Delhi.
The following are the key points of the verdict:
* There is no material on record to show that P. Chidambaram was acting malafide in fixing the price of spectrum at the 2001 level or in permitting dilution of equity by the two companies.
* These two acts are not per se illegal and there is no further material on record to show any other incriminating act on the part of P. Chidambaram.
* A decision taken by a public servant does not become criminal for simple reason that it has caused loss to the public exchequer or resulted in pecuniary advantage to others. Merely attending meetings and taking decisions therein is not a criminal act.
* It (decision) must have the taint of use of corrupt or illegal means or abuse of his official position by public servant for obtaining pecuniary advantage by him for himself or for any other person or obtaining of pecuniary advantage by him without any public interest.
* In the absence of any other incriminating act on his (Chidambaram) part, it cannot be said that he was prima facie party to the criminal conspiracy. There is no evidence on record that he was acting in pursuit to the criminal conspiracy, while being party to the two decisions regarding non-revision of the spectrum pricing and dilution of equity by the two companies.
* There is no evidence of any substantive act being committed by him. A bit of evidence here and a bit there does not constitute prima facie evidence for showing existence of a criminal conspiracy.
* A bare perusal of the allegations and the evidence, led in support thereof, reveals that neither are there any allegations nor is evidence against P. Chidambaram to the effect that he played any role in the subversion of the process of issuance of letters of intent (LOI), UAS (Univeral Access Service) licences and allocation of spectrum in 2007-08.
* The subversion of the process of issuance of letters of intent, UAS licences and allocation of spectrum included arbitrary fixation of the cut-off date, filing and procuring of applications for UAS licences on behalf of ineligible companies, violation of first-come first-served policy in the issuance of LOIs, UAS licences and allocation of spectrum and payment and receipt of bribe.
* All these incriminating acts were allegedly done by the minister/officials of the department of telecommunications, ministry of information and broadcasting, government of India and by private persons.
* However, both of these acts (fixing the price of the spectrum licence at 2001 level and permitting two companies), attributed to him, are not per se illegal or violative of any law.
* He (Chidambaram) agreed with A. Raja not to revise or revisit the entry fee or spectrum charge as discovered in 2001. Non-revision of prices is not an illegal act by itself.
Special CBI Judge O P Saini said Chidambaram, being the then Finance Minister, had agreed with former Telecom Minister A Raja not to revise the entry fee or spectrum charges but it was not violative of any law. "Non-revision of prices is not an illegal act by itself. The competent authority is always at liberty to decide in its discretion not to revise the prices or fee for any goods or services," the court said.
It rejected contentions of Janata Party Chief Subramanian Swamy, who had sought prosecution ofChidambaram in the case, saying even the dilution of equity by companies to foreign-based firms were not prohibited at the relevant time. "The same entry fee/spectrum charges continued even after 2007-08. Same is the case with dilution of equity by a company. It is not per se illegal nor was it prohibited at the relevant time. However, such acts may acquire criminal colour/overtones when done with criminal intent," the judge said.
The court said there was no evidence to infer that Chidambaram had played any role in subversion of the process of issuance of Letters of Intent (LoIs) and even in allocation of spectrum during the tenure of Raja as Telecom Minister. "A bare perusal of the allegations and the evidence, led in support thereof, reveals that neither are there any allegations nor is evidence against P Chidambaram to the effect that he played any role in the subversion of the process of issuance of letters of intent (LoI), UAS Licences and allocation of spectrum in the years 2007-08," it said.
"Public sector banks have no exposure which is uncovered," financial services secretary DK Mittal told ET. The ministry says the total exposure of state run banks to telecom sector is 14,345 crore out of which only 3,299 crore relates to the 122 licences scrapped by Supreme Court.
Out of this 2,888 crore lending is to big companies such as Idea Cellular, Tata Telecom, Uninor, andVideocon, but is backed only by the telecom licence and assets created by these companies. "Also in these cases some licenses have been cleared in some circles and not all licences have been cancelled," said Mittal adding that all the lending against licenses as collateral has gone to big buisness houses and thus is not a big concern.
On Thursday, the Supreme Court had cancelled 122 2G spectrum licences granted by former telecom minister A Raja on the ground that they were issued in a "totally arbitrary and unconstitutional" manner. The court directed regulator Telecom Regulatory Authority of India to make fresh recommendations on allocation of 2G licences.
SBI has an exposure of 4,500 crore to the telecom companies whose licences have been cancelled by the Supreme Court in connection with 2G scam.
A number of senior Ministers including Pranab Mukherjee, Kapil Sibal, Salman Khurshid and Ambika Soni said the government is clear that Chidambaram had no role in the matter and allegations against him were political. "We always know that our colleague (Chidambaram) in Parliament and in Government is absolutely not culpable for anything against...that were put forward by Subramaniam Swamy...I know the evidence and shifted through the evidence and there is absolutely no responsibility that can be foisted on my colleague," Telecom Minister Kapil Sibal said.
Terming it a "good judgement", Finance MinisterPranab Mukherjee told reporters in Kolkata, "it is a relief because somebody was unnecessarily being prosecuted. Even in the judgement of the Supreme Court in the main cases it was clearly mentioned that advice of the Finance Ministry was not listened to. I welcome the judgement."
Sibal also said the apex court's verdict on the 2G issue also made it clear that Chidambaram was not culpable for anything. He also attacked the opposition leaders saying that they were seeking to take political advantage and trying to influence the court. The Telecom Minister alleged that some Opposition leaders in Parliament were making "very ugly" statements that are not expected of responsible members.
Stating that the Opposition leaders should reflect on the "irresponsible" manner in which they were making "scathing allegations" against his colleague, Sibal stressed Chidambaram was infact one colleague who had told Raja that he should have got a market discovery done on spectrum.
Sibal added "the court verdict has vindicated the stand of the Congress party and the government."
Expressing happiness over the judgement, Law Minister Salman Khurshid said it was a "relief" for the government. "...it is a relief, especially when it is a judgement coming from a court," he told reporters here.
Khurshid said he was "happy" for Chidambaram as well as the "system" after the judgement. The Law Minister termed his Cabinet colleague as an "important" and "significant" member of the UPA government.
Information and Broadcasting Minister Ambika Soni alleged that Swamy did all this to keep himself in focus.
"We all know Swamy for years. It is not for the first time that his petition has been dismissed. Earlier also he has moved many petitions and all his pleas were dismissed. He did it to keep himself in focus in the public domain," she said.
2G verdict on Chidambaram: Who said what
A special CBI court in Delhi dismissed a plea to make P Chidambaram a co-accused in the 2G scam. Here are reactions to the verdict
Govt influenced by CIA, ISI and Mosad: Ramdev
What an Excellent exercise completed with surgical precision to cover up the TWO G spectrum!
However,Subramanian Swamy says he will appeal against judgement relieving Chidambaram in 2G case
P Chidambaram's decision not to revise the price of 2G spectrum in 2008 was not illegal as the competent authority is "always at liberty" to do so, a Delhi court today said while dismissing the plea to prosecute the Home Minister for his alleged role in the 2G spectrum scam. On the other hand,the finance ministry says it is not concerned about the exposure of state run banks totelecom companies whose licenses have been cancelled by the Supreme Court's order,Economic Times Reports. Government today hailed the verdict of Delhi court dismissing a plea to make Home Minister P Chidambaram an accused in the 2G case, saying it vindicates its stand and also of the Congress party.
Surprised by the Delhi court's rejection of his plea to make Home Minister P Chidambaram a co-assused in the 2G scam, Janata Party chiefSubramanian Swamy today said he has a "very very strong case" and will appeal against the order in higher courts. "I am surprised," Swamy said soon after the special CBI court dismissed his plea against Chidambaram. "I will go to another court. This order deserves to be reserved. I will certainly appeal against it," he told reporters. He insisted that he has a "very very strong case" both against Chidambaram and A Raja, the main accused in the 2G spectrum allocation scam, and that he will challenge the decision in High Court. He said the Supreme Court had said earlier that a trial court's decision could be challenged directly in the apex court and that he would examine this option as well.
"How can Chidambaram be vindicated by one court unless he is vindicated in all the courts," he said. "This is nothing new for me. I will go for appeal...This is not the first time that a petition has been dismissed," he said, while recalling that his appeals against High Court decisions in the cases of grant of sanctions and cancellation of 2G licences had been upheld by the Supreme Court. Swamy said he was yet to go through the trial court's Swamy said he was yet to go through the trial court's order and the reasons given by it. "I don't know what the judge has said... I have to see it," the petitioner said. Asked whether he was disappointed, he disagreed and said "this is part of the game. May be only journalists are disappointed."
Janata Party chief Subramanian Swamy's plea to make Home Minister P Chidambaram a co-accused in the 2G case was on Saturday dismissed by a special CBI court in Delhi.
The following are the key points of the verdict:
* There is no material on record to show that P. Chidambaram was acting malafide in fixing the price of spectrum at the 2001 level or in permitting dilution of equity by the two companies.
* These two acts are not per se illegal and there is no further material on record to show any other incriminating act on the part of P. Chidambaram.
* A decision taken by a public servant does not become criminal for simple reason that it has caused loss to the public exchequer or resulted in pecuniary advantage to others. Merely attending meetings and taking decisions therein is not a criminal act.
* It (decision) must have the taint of use of corrupt or illegal means or abuse of his official position by public servant for obtaining pecuniary advantage by him for himself or for any other person or obtaining of pecuniary advantage by him without any public interest.
* In the absence of any other incriminating act on his (Chidambaram) part, it cannot be said that he was prima facie party to the criminal conspiracy. There is no evidence on record that he was acting in pursuit to the criminal conspiracy, while being party to the two decisions regarding non-revision of the spectrum pricing and dilution of equity by the two companies.
* There is no evidence of any substantive act being committed by him. A bit of evidence here and a bit there does not constitute prima facie evidence for showing existence of a criminal conspiracy.
* A bare perusal of the allegations and the evidence, led in support thereof, reveals that neither are there any allegations nor is evidence against P. Chidambaram to the effect that he played any role in the subversion of the process of issuance of letters of intent (LOI), UAS (Univeral Access Service) licences and allocation of spectrum in 2007-08.
* The subversion of the process of issuance of letters of intent, UAS licences and allocation of spectrum included arbitrary fixation of the cut-off date, filing and procuring of applications for UAS licences on behalf of ineligible companies, violation of first-come first-served policy in the issuance of LOIs, UAS licences and allocation of spectrum and payment and receipt of bribe.
* All these incriminating acts were allegedly done by the minister/officials of the department of telecommunications, ministry of information and broadcasting, government of India and by private persons.
* However, both of these acts (fixing the price of the spectrum licence at 2001 level and permitting two companies), attributed to him, are not per se illegal or violative of any law.
* He (Chidambaram) agreed with A. Raja not to revise or revisit the entry fee or spectrum charge as discovered in 2001. Non-revision of prices is not an illegal act by itself.
Special CBI Judge O P Saini said Chidambaram, being the then Finance Minister, had agreed with former Telecom Minister A Raja not to revise the entry fee or spectrum charges but it was not violative of any law. "Non-revision of prices is not an illegal act by itself. The competent authority is always at liberty to decide in its discretion not to revise the prices or fee for any goods or services," the court said.
It rejected contentions of Janata Party Chief Subramanian Swamy, who had sought prosecution ofChidambaram in the case, saying even the dilution of equity by companies to foreign-based firms were not prohibited at the relevant time. "The same entry fee/spectrum charges continued even after 2007-08. Same is the case with dilution of equity by a company. It is not per se illegal nor was it prohibited at the relevant time. However, such acts may acquire criminal colour/overtones when done with criminal intent," the judge said.
The court said there was no evidence to infer that Chidambaram had played any role in subversion of the process of issuance of Letters of Intent (LoIs) and even in allocation of spectrum during the tenure of Raja as Telecom Minister. "A bare perusal of the allegations and the evidence, led in support thereof, reveals that neither are there any allegations nor is evidence against P Chidambaram to the effect that he played any role in the subversion of the process of issuance of letters of intent (LoI), UAS Licences and allocation of spectrum in the years 2007-08," it said.
"Public sector banks have no exposure which is uncovered," financial services secretary DK Mittal told ET. The ministry says the total exposure of state run banks to telecom sector is 14,345 crore out of which only 3,299 crore relates to the 122 licences scrapped by Supreme Court.
Out of this 2,888 crore lending is to big companies such as Idea Cellular, Tata Telecom, Uninor, andVideocon, but is backed only by the telecom licence and assets created by these companies. "Also in these cases some licenses have been cleared in some circles and not all licences have been cancelled," said Mittal adding that all the lending against licenses as collateral has gone to big buisness houses and thus is not a big concern.
On Thursday, the Supreme Court had cancelled 122 2G spectrum licences granted by former telecom minister A Raja on the ground that they were issued in a "totally arbitrary and unconstitutional" manner. The court directed regulator Telecom Regulatory Authority of India to make fresh recommendations on allocation of 2G licences.
SBI has an exposure of 4,500 crore to the telecom companies whose licences have been cancelled by the Supreme Court in connection with 2G scam.
A number of senior Ministers including Pranab Mukherjee, Kapil Sibal, Salman Khurshid and Ambika Soni said the government is clear that Chidambaram had no role in the matter and allegations against him were political. "We always know that our colleague (Chidambaram) in Parliament and in Government is absolutely not culpable for anything against...that were put forward by Subramaniam Swamy...I know the evidence and shifted through the evidence and there is absolutely no responsibility that can be foisted on my colleague," Telecom Minister Kapil Sibal said.
Terming it a "good judgement", Finance MinisterPranab Mukherjee told reporters in Kolkata, "it is a relief because somebody was unnecessarily being prosecuted. Even in the judgement of the Supreme Court in the main cases it was clearly mentioned that advice of the Finance Ministry was not listened to. I welcome the judgement."
Sibal also said the apex court's verdict on the 2G issue also made it clear that Chidambaram was not culpable for anything. He also attacked the opposition leaders saying that they were seeking to take political advantage and trying to influence the court. The Telecom Minister alleged that some Opposition leaders in Parliament were making "very ugly" statements that are not expected of responsible members.
Stating that the Opposition leaders should reflect on the "irresponsible" manner in which they were making "scathing allegations" against his colleague, Sibal stressed Chidambaram was infact one colleague who had told Raja that he should have got a market discovery done on spectrum.
Sibal added "the court verdict has vindicated the stand of the Congress party and the government."
Expressing happiness over the judgement, Law Minister Salman Khurshid said it was a "relief" for the government. "...it is a relief, especially when it is a judgement coming from a court," he told reporters here.
Khurshid said he was "happy" for Chidambaram as well as the "system" after the judgement. The Law Minister termed his Cabinet colleague as an "important" and "significant" member of the UPA government.
Information and Broadcasting Minister Ambika Soni alleged that Swamy did all this to keep himself in focus.
"We all know Swamy for years. It is not for the first time that his petition has been dismissed. Earlier also he has moved many petitions and all his pleas were dismissed. He did it to keep himself in focus in the public domain," she said.
2G verdict on Chidambaram: Who said what
A special CBI court in Delhi dismissed a plea to make P Chidambaram a co-accused in the 2G scam. Here are reactions to the verdict
- P Chidambaram stands vindicated in 2G case, says SM Krishna
- 'Court relief to Chidambaram will not change govt's corrupt image'
- Chidambaram's role in 2G case not criminal: CBI
- Chidambaram not culpable for anything: Govt on 2G verdict
- No evidence Chidambaram benefited from 2G licences: Court
Yoga guru Ramdev on Saturday said the UPA has lost its "moral authority" to continue in power after the Supreme Court cancelled 122 spectrum licences given to telecom operators and alleged that the Congress was after him since he started his campaign on black money issue. Ramdev launched the Action Committee Against Corruption in India that has members from all sections of the society. The ACACIwould work on a legislation on the black money issue.
Addressing the inaugural function, the yoga guru targeted Congress andBSP on the issue of corruption and sought to know why the ruling party at the Centre is the first to come for its defence whenever he talks about corruption. "The Supreme Court has cancelled 122 licences given by the Government. It has cancelled everything. But the Government says the Court has not said anything about it. This government does not have the moral authority to continue," he said. "The people will not tolerate this government for long. They will speak," he said. Ramdev also targeted BSP and Congress, saying "either hand (election symbol of Congress) eats money or elephant (election symbol of BSP) eats money."
He claimed that he was not targeting any particular party and he does not understand why Congress jumps to its defence when he talks about corruption. "They themselves come for defence. We never targeted any party. We never gave any clean chit. They themselves think we talk about them," he said. He also alleged that there was influence of CIA, KGB, ISI and Mosad on the government. Ramdev also took a dig at the government's Lokpal Bill, saying it is not "aimed at eradicating corruption but aimed at furthering corruption in the country."
Palash Biswas
Pl Read:
http://nandigramunited-banga.blogspot.com/
Posts
No comments:
Post a Comment